Woman's conviction in death of infant overturned

Monday

An Illinois appellate court has reversed the involuntary manslaughter conviction of a 37-year-old Gillespie woman in connection with death of an infant she was baby-sitting at her home in 2001.

An Illinois appellate court has reversed the involuntary manslaughter conviction of a 37-year-old Gillespie woman in connection with death of an infant she was baby-sitting at her home in 2001.

Stephanie Bartok was convicted by Macoupin County Circuit Judge Joseph Koval in December 2005 of involuntary manslaughter for the Oct. 6, 2001, death of 8-month-old Andrew Hostettler.

Bartok was baby-sitting for Andrew and other children on Sept. 24, 2001, when she was accused of striking and shaking the infant. She subsequently was indicted on a charge of first-degree murder.

The 4th District Appellate Court last week found that the judge abused his discretion by considering the lesser-included offense of involuntary manslaughter, “particularly in light of both parties’ insistence that the court not consider the lesser-included offense.”

The appellate court said that even if the trial court hadn’t abused its discretion, reversal was required because the state failed to prove Bartok guilty of involuntary manslaughter.

“Specifically, the state failed to present evidence from which a reasonable inference could be drawn that the defendant acted recklessly, which is understandable because that was not the state’s theory,” wrote Judge Sue Myerscough in the opinion.

Prosecutors presented medical testimony that the infant’s injuries were caused intentionally, not accidentally, and couldn’t have been from the infant being dropped and head-bumped by his 4-year-old brother, as the defense maintained.

Bartok’s defense was that she did nothing to the infant, and that the boy was injured after bumping heads and being dropped by his brother. The defense also presented medical testimony that Andrew’s injuries could have come from being dropped by another child.

“No evidence was presented to support any inference that defendant or anyone else recklessly struck and shook Andrew,” Myerscough wrote.

Springfield attorney Matthew Maurer, who handled Bartok’s appeal, said Bartok currently is on parole from the state Department of Corrections, and if the 4th District opinion stands, her parole will be terminated.

Chris Dettro can be reached at (217) 788-1510 or chris.dettro@sj-r.com.